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2009 Supreme(Online)(Chh) 52

CHHATTISGARH HIGH COURT
N. K. Chandravanshi, J
Lokendra Tiwari alias Kaushlendra v. State of Chhattisgarh


Advocates:
For the Appellant: Ashok Verma
For the Respondents: Ashish Shukla

Table of Content
1. details of the appellant's conviction and the events leading to the incident. (Para 1 , 2 , 3)
2. arguments concerning the reliability of the dying declaration. (Para 4 , 5)
3. endorsement of the importance of mental fitness in evidence. (Para 8 , 12 , 18)
4. conversion from murder conviction to culpable homicide. (Para 21 , 24)

1. Appellant - Lokendra Tiwari alias Kaushlendra stands convicted under S.302, IPC, for commission of murder of his wife - Saroj Bala, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for 3 months, by the Additional Sessions Judge, Bilaspur in Sessions Trial No. 246/2001 on 31st of March, 2004.
Deceased - Saroj Bala was married to the appellant on 19.4.2000. She was residing with the appellant and her in - laws in village Selar. On some difference, on account of alleged illicit relations of the appellant with one Rajeshwari Raj (PW 10), the deceased left the company of the appellant and came to her parents place in village Muruwa. After sometime their marital relations resumed and both husband and wife started living separately in a rented premise of one Arju




























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